2 miles of extension cords. it took family two months the planet. jenna: that is a great way to get into the spirit. jon: think you for joining us on this monday. jenna: "america live" starts right now. megyn: fox news alert. frightening developments out of syria at this hour. we are hearing reports that the regime has begun moving chemical weapons. a senior defense official said the activity started in just the last few days. seconds ago, a strong warning, directly from the white house. welcome to "america live." i am making kelly. earlier today, secretary of state clinton publicly board bashar al-assad's regime. this comes after terrible

violence of syria this weekend. this is video received on saturday. small towns being bombarded, sending innocent families and women and small children once again running for their lives. a short time ago, the united nations announced it is withdrawing all nonessential personnel from the country. as the possible threat of chemical warfare now looms. look at these families. look at this. along with an active chemical weapons program, syria has ballistic weapons program with deadly gas. they have vast amounts of nerve agents and finite, all decide to cause fetal death. this from the white house moments ago. >> is the opposition makes teaching expenses, the bashar escalationgime, we have been

of weapons used against the syrian people. as the president has said, and hughes were proliferation by the syrian regime would cross a red line for the united states. megyn: joining me now is ambassador john bolton, a former ambassador to the united nations and the fox news contributor. this situation seems to be going from bad to worse in syria. bashar al-assad continues to massacre his own people. now we are supposed to believe, as things continue spiraling downward in the nation, what we are supposed to trust him? his grip on power is loosening? >> i think it is entirely possible that bashar al-assad would use chemical weapons. especially due to the collapse of his regime. there are other less threatening explanations. he is just moving the weapons

were the agents out of range or preparing for an enclave strategy if the country falls apart. you know, the united states and western options are kind of difficult here. if assad does begin to use the chemical agent, are people on the ground would be at risk. it's hard to see exactly what the administration is planning. whether this threat actually moved assad to change the policy is hard to judge at this point. megyn: look at this. look at these children. running for their lives. we have seen this. i am just disgusted at how many times we have seen us. if i get one more report about a child being tortured by this regime, and now we have al qaeda doing killing of its own, now you have reports that there are worrying signs of activity when it comes to the chemical

weapons. you tell me what the united states is going to do if this lunatic is about to unleash nerve gas on these kids. >> of course, we have seen regimes in the middle east use chemical weapons against their own people. saddam hussein used against the kurds in iraq, amnesty international has reported years ago that bashir matt's father used chemical weapons in a massacre some decades ago. it is not at all surprising. i have to say that the administration must have to be doing something to be able to use these weapons. but the human rights violations -- it is startling. the al qaeda sympathizers might use those weapons in syria or

might take them away for terrorists use elsewhere. so it is a very dangerous situation. there is no doubt about that. megyn: there are fewer and fewer mobile players over there. it started as real people who didn't want to be under this man's thumb. but it has become something very different as al qaeda and other terrorists have sought to take advantage of the unrest there. ambassador, what could we do? if we really think about chemical weapons, maybe not today or tomorrow, but if we are getting this concerned and we are saying this is a red line, this is hillary clinton's term, what does that mean? the amount for american options, i think they are fairly limited in all dangers. one is to destroy the chemical weapons in place, whether through aerial attacks were a special operations forces on the ground. that obviously puts people at risk. it's not easy to destroy his agent were these weapons. the other would be to try to

capture supplies and weapons and get them out of the country. that is also very dangerous in the middle of a civil war. so it is a very dicey proposition for the united states. i believe that other nato countries and neighboring states like turkey and jordan, they could be involved as well. it is very late to be worrying about this at this point. megyn: what about nato? this has to get attention of the international community and not just america. >> i think the turks and jordanians and israelis are worried as well. cooperation from france and britain, other nato countries as well, we have clearly been planning for contingency operations. it may be that whatever it is that the administration has uncovered about what assad is doing with his chemical weapons stockpiles, a decision has to be made. i don't think we should wait until assad starts using them. we have to do something to prevent the use. because if he unleashes chemical

weapons against the opposition, and he eventually falls, the prospect of an opposition bloodbath, which are already very high, i think it becomes overwhelming. megyn: before i let you go, just to reiterate, you don't think that bashar al-assad is incapable of this? when i speak of the torture -- we have seen the bodies lined up, people with their arms tied behind their back, murdered in cold blood -- children, 9-year-olds being shot in the head. as their parents watch. other children made to watch as their parents are murdered in front of them -- babies -- reports go on and on. too gruesome for 1:00 p.m. eastern time. they're just so our viewers know, you believe this man is capable of unleashing chemical weaponry upon his own people? >> absolutely. i think it would be second nature to him. megyn: ambassador bolton, thank you for being here.

>> and you. megyn: ed henry is at the white house briefing as this happens. this is stronger language. in the worst-case scenario, should syria deploy chemical weapons, and america is forced to take action, the pentagon estimates it would take 75,000 troops to seize all the regime's weapons. syria is one of eight countries that have not signed in 1992 convention banning chemical weaponry. other countries refusing to sign our israel and north korea and egypt. a u.n. conference in dubai is underway right now. new questions about internet freedom.

two dozen countries, including iran, syria, north korea, could be making decisions affecting communications worldwide. catherine herridge has more in washington. reporter: thank you, megyn, and good afternoon. the international telecommunications union, this conference in dubai is viewing rules established long before the internet became a primary method of communication. the u.n. body could impact every day vacation. >> this could affect every cell phone tablet personal computer in the world. pretty much every chip in every type of consumer devices have an ip address associated with them. therefore, there are proposals that the there be a registry for each of those computer chips. reporter: the u.s. is in support of what is called web neutrality.

the conference raises the specter of nations, including iran, china, and russia, agreeing to live under the u.n. rules, which critics say are restrictions. critics say that it is part of a steady drip drip of regulations that will chip away at internet freedom. >> the internet is the network of networks, made up of thousands of networks. all of them are privately managed. it would be crazy to bring back old school telephone regulation and apply that to this vibrant and dynamic network. reporter: in an ideal world, the u.s. wants all internet regulation off the table at this conference. instead, they want the u.n. to focus on services, such as networks that are deregulated. megyn: binky so much. coming up in a stunning development of one of the most high-profile rest of the year. the u.s. open of rest, a woman charged with killing her husband and the charge is suddenly

dropped. it turns out the husband may not have been murdered at all. a special guest to walk us through what went wrong in "kelly's court." and while everyone is focused on the so-called fiscal cliff, we have reports that president obama has been working on a climate plan, and lou dobbs helps us look at how widely this likely this is and whether there are alternatives after the break. >> this is why more than anything else obama needs to be defeated and these people need t to be thrown out of office [ male announcer ] truth is, dayquil doesn't work on runny noses. what? [ male announcer ] it doesn't have an antihistamine. really? [ male announcer ] really. alka-seltzer plus cold and cough fights your worst cold symptoms, plus has a fast acting antihistamine to relieve your runny nose. [ sighs ] thank you! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] can't find theraflu? try alka-seltzer plus

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megyn: as washington fights over taxes and spending, it dominates the headlines and we are getting a report on the potential climate deal that could have an impact on our economy. talks are going on about a climate treaty that could supersede current u.s. laws in

some ways and impose mandatory limits on carbon emissions. president obama failed to get a cap-and-trade will pass in his first term. is he quietly planning a new carbon crackdown through other means? joining me now is lou dobbs, host of "lou dobbs tonight" on the fox business network. that was one agenda item he could not get through. cap and trade. even when the democrats controlled the house as well, they just couldn't get that through. what would he be doing through the united nations and he could do through the u.s. congress? lou: the efforts that he is undertaking here, so little is known about what we are discussing in qatar, at the meeting of the united nations we are talking about laying out a mission schedule through 2035. without any public discussion, there is nothing about it than a presidential debate, as you know. this could have a mammoth effect on this economy. we are talking about tax levels and also significant pressure on

the gdp of this country, the growth rate. and some are saying, it would be a negative to drive the economy into negative territory. megyn: is this something for which he would require congressional approval? >> he would have to have congressional approval. lou: how far he has gone, in the first quarter alone, this year and the cool missions dropped by 15%. not because of regulation, which he is pursuing and has made clear he will pursue vigorously, but because the coal industry is converting to lower priced natural gas. the marketplace is working. this president does not want everyone to focus on is the

reality that 85% of our energy in this country is fossil fuel based. megyn: if you look at the latest polls, it was may of 2011, a portion of americans who believe change will affect them a great deal or moderate amount is up 42%. that is up. they believe that this will hurt you two generations. the american public seems to be with him on climate change and emissions and the need to regulate them. does not empower him to do more on this issue? >> i don't think so. what empowers him is the will of the people that has been expressed to the congress and the senate of the united states. but this president is doing something that is really unprecedented. not entirely. fdr did some of this. this president is taking the rule by fiat to a whole new level. he is circumventing congress

rather than working with congress. he is frankly creating a way to pursue his political ends that don't involve reaching national consensus. but don't involve reaching an agreement or securing an expression of the rule of the people. his mandate is for him to do whatever he wants. >> the other side says that the united states is the world's biggest polluter in the united states needs to set the example for our international friends on cutting back on missions and so on. so barack obama is being a good leader by trying to set that example. >> a good leader brings people together and encourages and persuades him to follow. a good leader is not one who circumvents the constitution. a good leader is not one who relies upon international treaties to subvert the national sovereignty. a good leader is not one who pursues political aims in

private and secret, in fact. and avoids any expression of the national media. there has been almost no discussion in the public press of the discussions that are of today in their second week. that is extraordinary. megyn: does he really made this approval or can he do what he wants the epa? -- so he can get cap-and-trade. we played the mark levin clip before you came in, he actually sued the administration before the election saying that we have reason to believe that they are getting ready to unleash epa regulations after the election and we have the right to know what they are now. here is an october 22 issue that we are fighting an administration that has no regard for the rule of law in my humble opinion.

whatsoever. it will continue to push the edge of the envelope. this is why more than anything else obama needs to be defeated and these people need to be thrown out of office.e is not hh that. but they say we can't do anything about global warming or missions that people appear to care about. so what is barack obama to do the. megyn: frankly, i am a not exactly a great fan of mark. there is no purpose of whining about president obama having been reelected. but the point being -- do something about it. we are a nation blessed with sufficient talk. right now the republican party has every opportunity to stand up and lead on this issue. they have been quiet and quiet

since. megyn: [talking over each other] megyn: what you mean by that? lou: i have had a 30 year career in broadcast. i have an inability to pronounce foreign names. [laughter] megyn: we will continue to call in qatar. thank you, lou. he is a smart man. what look like a magic trick gone terribly wrong, why police say it may not have been a laughing matter and not a mistake at all. police arrested a well-known woman from tennis world, charging her with the murder of her 80-year-old husband. right before the u.s. open. when they arrested her, she was

wearing all tennis gear. now experts say the husband may not have been murdered at all. now experts say the husband may not have been murdered at all. >> i'm just thrilled and so thankful for the das office for dropping the charges and i would like to thank my family and friends and my attorneys. my goodness, they were fabulous. my investigator, just everyone that has been there supporting me everyday obligations, but obligatio. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

megyn: there is new evidence that america's manufacturers are in trouble. new data from the institute for supply management shows the entire management sector shrank last month, the lowest level since the recession ended. in july of 2009, economists were surprised by the news. they expected small growth in

manufacturing. a stunning development. a u.s. tennis representative is now a free woman. 70-year-old lois goodman staring in disbelief and smiling as the judge granted the prosecutor's request to drop charges to her in connection with the death of her own husband, alan goodman. trace gallagher fills us in on how this happened. reporter: remember, lois was arrested in her uniform before the u.s. open back to new york in august. prosecutors said that she killed her husband might be him with a coffee mug. when the mob broke, she continued to beat him, using the edges as a makeshift knife. goodman claimed that her husband

died accidentally. she passed a polygraph test done privately. the defense also claimed that goodman, who is right-handed, would've been impossible for her to inflict those wounds on her husband because they are were on the wrong side of his head. then the d.a. got some other unknown information. listen. >> based upon this information, we announce that we are unable to proceed with the case at this time. the court granted a request to dismiss the case without prejudice. >> i am just thrilled and so thankful to the das office for dropping the charges. i want to thank my family and friends and my attorneys -- my goodness, they were fabulous. reporter: you heard the d.a. spokesperson faye dismissed without prejudice. there are a chance that charges could be refiled, but what lois

goodman wants to do is get back on the tennis court. she has to judge some of the biggest matches in tennis history. she wants to get back to doing that in. megyn: what is the real story here? why? why are they saying that we are dropping the charges at this time? not enough evidence now? we are going to look into this and "kelly's court." trace gallagher, thank you. we will be joined by the famed doctor michael, who has apparently gotten this case dropped. he actually performed an autopsy, we are told, on the husband. his conclusions may have led to this woman's freedom. a very special "kelly's court" coming up next half hour. well, the whole fiscal cliff fight is supposed to be about cutting our ballooning debts. so why is the president not proposing a quarter trillion dollars in new spending? the question is also up next. plus, lindsey graham not missing words about the possibility of

closing this prison camp and moving the prisoners here is michelle malcolm joins me live to discuss why he might not get his wish. and a desperate search effort. see why the young girl's mother is the prime suspect in removing her from the hospital. >> we were seeing them by the front entrance. and they walked into the bathroom. they disconnected her from her id and just walked up the front door and got into the car. [ male announcer ] if you're eligible for medicare,

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of chicken noodle soup from campbell's. ♪ let it snow, let it snow megyn: lighthouse at the top of the hour set any use of chemical weapons would be considered a red line. it would trigger a u.s. response. this comes after a weekend of terrible violence in syria. this is video that we had on saturday. this is terrible. look at this. [inaudible] just a short time ago, the

united nations announced it is withdrawing all nonessential people there as the threat of chemical warfare looms. this is not the first time that we have gotten reports that they could be considering using these weapons. the last time it didn't come to anything. well, will this time be different? as assad seems to be losing control in his own country. we just got some additional intelligence in the last half-hour that suggest evidence that syria may not only be moving chemical weapons, but also preparing them. that would make this a very different scenario. we are looking into that, and we will have a live report at the top of the hour. white house press secretary jay carney is also being grilled this afternoon in addition to syria, about the white house fiscal cliff package. the white house's proposal to avoid the big tax hikes and spending cuts that are going to happen in january, unless something is done.

that proposal has come under heavy criticism from republicans who say wasn't serious. how speaker john boehner said he was flabbergasted. mitch mcconnell reportedly laughed out loud and in this debate over reducing the debt, the president is pushing for an additional $255 billion in spending. he wants those higher taxes to spend more, which is leading to some criticism. joining me now is brad blakeman, the former deputy to george w. bush. and chairman of the south carolina democratic party. a deal that is all about the republicans desire to cut back on the debt and deficit -- why would the president be proposing $255 billion in war spending? >> well, he's not. what he is proposing is shifting spending priorities. after those cuts, shifting priorities, and by the way -- this is infrastructure development. this is to make sure that people who have gone the payroll tax

relief keep that payroll tax relief and expanding unemployment benefits. i will say this. this is the president's initial proposal. the silence from the republicans is deafening. they can counter this. but all they have done is whine and weep and cry and laugh about like hysterical children. where is there for books will? be one less give the viewers the numbers. if there is a 50 billion dollars stimulus proposal for the infrastructure problem, he also wants to extend unemployment benefits and extend the two percentage point payroll tax and adding it all up together, it equals $255 billion out of the federal government pocket. we got into this cliff because

they thought there was too much spending that we could not pay for, and they made the president insists that he wanted to raise our diplomatic couple of years ago to automatic spending cuts that would pay for it in addition to some tax hikes that he got. now that we're about to do it, the president said if you want to avoid going off the cliff, you i need more spending. >> yes, they did put the gun to the head and say you better take a deal or you're done. we are not going to be pushed and shoved around and extorted. it talks about shifting. it is smoke and mirrors and creating more debt among the american people. instead of giving a check to people, we should give people a job. that is what you guys don't understand. you would rather have people sitting idly around getting paid, instead of going out and being productive. what we need to do is create surety in the marketplace. businesses have a five or 10 year plan. these guys have practically no

plan. every week, the planned changes. that is what is so dangerous to the marketplace. you school because her political point of view. but another fiscal cliff was on the horizon, and that is the debt. but they also want to do, timothy geithner said, we are going to take away from congress approval of raising the debt ceiling. we can do it on our own. that is an outrage. congress has the power of the not this president to spend more money we don't have. megyn: even alan colmes was on the programs they shouldn't get congressional approval for that. but where is the republican proposal? they say that they want to close loopholes and get rid of some deductions, but when it comes to big issues, which is paring back spending, what are they proposing? over the weekend, mitch mcconnell, the senate minority leader, he offered a few nuggets and i would like to get your thoughts. he said increase the medicare

eligibility age, ask wealthier americans to pay higher medicare premiums. and possibly paring back the cost of living increases, giving to social security beneficiaries. those are three specific so we have heard so far from the gop side. what are your thoughts on that? >> i think that is a good thought. but mitch mcconnell and speaker boehner need to be more specific. that doesn't add up to more than two or three really dollars worth of cuts. the president proposed many more cuts than not. that is the beginning. this is a negotiation process. i am a lawyer and we settle cases by someone saying this or that and then they move to the middle. that is not what is going on, although mitch mcconnell name three things, that is more than the house republicans have done. again, the republicans are afraid to talk about where the cuts should come. because they're going to have to talk about medicare.

megyn: entitlement spending is two thirds of the budget. they have to talk about that. >> president obama says entitlements need reform. megyn: okay, i just didn't want you to suggest the ones i would have to talk about it -- everybody's going to have to talk about it, as painful as it may be. brad, i'd like to ask you about it. dick says that president obama has proposed $4 billion in spending cuts. possibly medicare savings at some point. that was in his budget he proposed but didn't get any support from even some democrats in the senate. but i don't know where the extra money comes from. what are your thoughts about the 400 billion that the president proposed? >> the 400 billion is a constant moving target. the president hasn't nailed down where this money is going to come from for sure. but remember what he told republicans last week? you make the decision on taxes

for us and then we will talk about spending in january. it's his way or the highway. the president has done more negotiating a bookstore here in washington, and bite enact hostility virginia, that he is done up done up on the hill. he really wants to make a bargain for the american people, don't look for bargains for yourself. get up to the hill, cobble leaders to the white house. the president had one meeting and promised a meeting that never occurred. if the president was serious about this crisis, which everyone believes it is a crisis, then why isn't he leading? white is he not asking questions? he hasn't done one thing in that regard. it's all been about photo ops and nothing on substance. megyn: coming up in just a bit, we will talk about this proposal and if it is about an opener, as dick suggests, or bringing republicans to their knees. great to see you guys. >> thank you. >> thank you, megyn. megyn: an arrest warrant for tv

host accused of setting a guest hair on fire. it wasn't a trick or an accident. trace gallagher walks us through what it was. we just got the update from police. plus, new developments on a high-profile case of domestic violence this week. that is an understatement. when an one nfl player murdered his girlfriend and killed himself. nbc's bob costas used the tragedy as a springboard for an anti-gun lecture right in the middle of a football game. his remarks and the fierce debate are just ahead. hi. i'm henry winkler.

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people at guantánamo bay are not some kind of burglar or bank robber. i stand with the american people that we are under siege. we are under attack. we are at war. megyn: senator lindsey graham made his feelings very clear when he was asked about new interest in moving terror suspects from the guantánamo bay camp to the united states of america. that came after he leading senate democrat came to evaluating a possible move, in what some believe is an opening salvo in revisiting this debate. joining me now is michelle malcolm. welcome. >> thank you, megyn. megyn: you say there are one or two big reasons people need to be focused on this and believe that the administration is very much interested in moving those

detainees to american soil? >> yes, that is right. the gal report that catherine herridge reported on, to acknowledge that people like dianne feinstein and the helpers of the administration are re-opening up this debate. there was another troublesome and worrying maneuver that took place in october. a lot of people were not paying attention to it, because we were all absorbed with the election. on october 2, they purchased the facility outside of rockford, illinois. it was first touted and it appears that even though the american people resoundingly said no, and that lindsey graham did not want these crazy tweet on american soil, it looks like

what they plan to do. they don't take no for answer. the devil is in the details. it advocates on behalf of the 9/11 families. it outlines the details of this acquisition. and there is language in their that specifically points to the possibility that these detainees will, in fact, be transferred to something like a civilian facility in illinois or someone else be one we did a segment on this at the time. the language certainly keep that open and it is open as an option if they can get congress to deal with this. there was bipartisan options and that is why barack obama has

said that we are not going to fund it. you can say that you are going to bring these detainees and as long as you want, but we have the power and we are not giving you the money. so can he do this in any way other than getting democratic control of the house? >> well, he's done a lot of things extra legally and using this unitary executive power, even the purchase of the facility was in defiance of not only bipartisan opposition and opposition across the country, but particularly in defiance of what the house appropriations subcommittee that oversees it says. frank wolf had raised a lot of questions about this unilateral decision that obama had made. i think that people need to go back and this smells like another chicago crony deal.

it combines obama's war on terror with the chicago way. apparently they were discussing this on air force one in march. he had already greenlighted it. particularly where these detainees might be shifted at some point. he certainly is laying the groundwork for it. particularly it says that the facility would be open to people who were detained under the authority. megyn: any act of congress three that's right. let's not be stupid about this. who else were they talking about? megyn: final question. do you believe that there was any shift of opinion on this issue in the congress right now? he believed president has the support to make this change at the moment? >> he certainly does not.

although the release of the gal report is a way to try to open the door and you had dianne feinstein saying that if there is a political will to do it -- the thing is that they don't care about it. they are going to run roughshod and steamroll political will to have a chance to do so. megyn: in three minutes, a shocking video accused you turn for legal matters? maybe you want to incorporate a business. orrotect your family with a will or living trust. and you'd like the help of an attorney. at legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. get started at legalzoom.com today. and now you're protected. is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release.

megyn: a big development in the story we are tracking today. police issue an arrest warrant for tv host. in addition was appearing on a dominican tv show when the host sets them on fire. initially it looks like a prank gone wrong. the magician said it was

intentional. now it appears that the police agree. trace gallagher is live with more. >> he was actually on that tv show to promote his own magic television show. i have to warn you that the video is kind of hard to watch. it's pretty violent. we will show it to you in real time here, and then we will slow it down. the host took something called [inaudible name], it is used during rituals, and it is very highly flammable. he ignites the liquid in his hand and then he puts it on this guys head. check it out. there it is on his head. as you said, at first, they thought this was a prank or a skit that had gone bad. he suffered severe burns to his head and neck and face. he let leader said in a statement, i was not aware that he was going to do this. this was not a stunt or part of an act.

this was a criminal attack. the producers on the show say the host was simply trying to bless a way the magician's evil spirits. in the dominican journalists say how they were well known for using witchcraft. you said earlier that the host has an arrest warrant for him and the charges are still unclear. they are doing whatever it is meant to be ritually. megyn: and credible. that poor meanwhile, the battle rages over the nations finances. there is also concern that the national media may have concern about the fiscal cliff. we will take a look. and investigators search for a motive in a horrific murder suicide that rock the national football scene.

the social media backlash has not stopped since comments by bob costas. he went on prime time last night and was inspired by the tragedy to go on an antigovernment tirade. are the taxpayer? a fair and balanced debate is coming up next [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

megyn: a fox news alert. the white house issuing a strong warning to the syrian government saying the white house will act if bashar al-asaad uses chemical weapons against his own people. we are getting strong evidence that the weapons are being moved and being prepared for use. this situation is tearatin -- is

deteriorating in syria. look at the video and listen to to these children is powerful. scenes like this are become a daily occurrence. women and children seen running for their lives as their town comes under attack from bombs and missiles. where do you run to? the obama administration is warning assad we in america are watching his every move, especially when it comes to these chemical weapons. >> the president made it clear the use of chemical weapons was a red line. we are monitoring the regime's chemical weapons stockpiles. i won't get into intelligence matters. but with the regime's grip on the power loosening with its failure to put count opposition to conventional means, we have an increased concern about the

possibility about the regime taking the desperate act of using chemical weapons. >> reporter: senior obama administration officials confirmed to fox news that for loyal to bashar al-asaad have been observed moving around the regime's to be piles of chemical weapons. though to what degree and what ultimate purpose those things remain unknown at this point. the movement of the weapons components at several dozen known sites was first reported in the "new york times." they harbor concerns about possible preparation for use of chemical weapons but sources say they don't know if they noon use them. seen or officials have spoken publicly today including the white house press secretary jay carney reiterate waght president said last month that the prospective use of chemical weapons would be crossing a line

that could trigger american intervention. the highest ranking of the officials speak out publicly is america' top diplomat who made her comments in prague today. >> we have made our views very clear. this is a red line for the united states. i'm not going to telegraph in any specifics what we would do in the event credible evidence that assad regime has resorted to using chemical weapons against their own people. but suffice it to say they are certainly planning to take action if that eventuality were to occur. >> reporter: the united nations afound it's withdrawing all of its non-essential

personnel with 25 of the body's 100 employees. megyn: breaking developments involving an nfl player and his girlfriend. the medical examiner's office ins -- offersin kansas city san the bodies are complete and the bodies have been released back to their families. but the autopsy result won't be ready for 6-8 week. belcher shot and killed his girlfriend before he drove to the football station and committed suicide in front of his coach. last night nbc's bob costas made the story bigger when he used the understand dengt during

prime time to deliver a gun control lecture. trace gallagher joins us with more. >> reporter: the autopsies are key for a couple reasons. the kansas city chiefs say jovan belcher has no history of serious head injuries, but friend say he has many times received head injuries and in recent months he was taking heavy medication as well as alcohol to deal with this. we also now know that jovan belcher's mother was inside the house when he shot and killed his girlfriend, reportedly shooting her nine times. the mother is the one that called 911. police say there is no history of domestic violence. but friends are saying this was a rocky relationship. during halftime of last night's game bob costas, the nbc broadcaster used his segment where he often does opinion on sports to instead advocate for

gun control. costas paraphrase an article written by a kansas city-based writer for fox sports. >> handguns do not enhance our safety. they exacerbate our flaws and bait us to embrace confrontation rather than avoiding it. in the coming days jovan belcher's actions will be an lids. but i believe in jovan belcher didn't possess a gun, he and kasandra perkins would both be alive today. >> reporter: a lot of people criticizing costas for using a sporting event to is suppose a political view point. some people agree with costas, others asked what kel were weapon did ovmen -- did o.j. us.

some saying onl only fools blame tools. ted nugent says you tune in for a football game and you get bob could toss spewing sanctimonious dreck. megyn: the statistics are stunning. 5 million women are abused by a domestic partner every year. 85% of them are women. the domestic violence hotline receives 22,000 calls every month. gun violence is not all that common. the debate over those costas

remarks, whether he was out of line or he was on the mark in just a couple minutes right here. as lawmakers face off over the nation's fiscal crisis. to claim the president's insistence on raising taxes on the wealthy is not about money or tackling our debt or deif i side --our debt or deficit issut about embarrassing republicans. >> you saw secretary geithner over the weekend on sunday shows very clearly express the president's position, talked about the proposal the president has put forward and express our belief that there has been progress and that we can achieve a bipartisan agreement. making vague promises about achieving revenue through capping deductions or closing

loopholes simply doesn't add up to a serious proposal. we haven't heard which deductions they would cap or which loopholes they would close. megyn: guy benson is a fox news contributor. we are hearing from the gop side, that this was not an opener about it president in their belief, but the focus on not just raising taxes on the rich -- it can't just be getting rid of loopholes. the president is saying the rate has to go you have on the rich is about humiliatingup cans. how so? >> i think there are a couple things you have to look at. the offer the president put on the table was heavy on tax increases. $1.6 trillion with almost nothing specified or guaranteed on entitlements or reduction in spending.

the white house says we need more details. the republicans say we put out things called budget. so we made it clear what our entitlement priorities are when it come to those changes. the president keeps saying we need more details to republicans and is putting the onus on them. how about sitting down at negotiating table and having a serious discussion rather than doing what he has done over the weekend which is go back on the campaign trail. he was in philadelphia again, it looked like a campaign rally. campaigning for higher taxes. tef any cutter sent out an e-mail that read like a campaign e-mail. megyn: some are your side of the aisle are positing that what he's aiming for. if he gets this they are in a

george w. bush moment. if they don't he possibl positss won't deal with the economy seriously type lawmakers. >> right. so the question is is the president serious about avoiding the fiscal cliff. we know pain in this country is bad on the economy. it would only broad and deep fn we hit a double dip recession. is the president serious about avoiding that cliff and if not, why not. i think some people are wondering -- megyn: do you think it is a matter of principle for the president? chris fire walt cam -- chris stt with a piece to say it's an ideological commitment on the part of the president to make the rich pay more and to give

others more. for him it's an ideological mission to take the money from high income and give to it people who don't have as much. >> i agree with chris he said that. that's what he wants to do. but the curious part to me is you had quite a few lawmakers on the republican side of the isle start t --side of the aisle stao crack. they are willing to come to table and play ball. but the president is on the campaign trail and upping the states with totally ludicrous suggestions and plans like the one if you can call it that, the one he put out last week which is totally a non-starter. so rather than bring the. you cans back in a moment of perhaps their give and take or willingness to do so. he's ratcheting yo up the stakes which doesn't seem to be the behavior of a leader who wants

to solve the problem. megyn: last night bob costas launched into an anti-gun tirade. it made national news when police arrested a well-known ref from tennis right before the u.s. open. now she has been released. all charges were dropped. dr. baden is here.

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megyn: back to one of our top stories. 18 hours after and no end to the firestorm in the wake of bob costas' remarks last night on nbc's prime time. he launched into scene anti-gun rant sparked by the murder-suicide of an nfl player and his girlfriend. >> you want some actual perspective on this? a bit comes from jason whiltock

who said it so well with we may as well just paraphrase from the end of his article. our current gun culture he wrote insures that more and more domestic disputes will end in the ultimate tragedy and more convenience store confrontations over loud music will leave more teenaged boys bloodied and dead. handguns do not enhance our safety. in the coming days jovan's actions and their connect to football will be analyzed. but here, wrote jason whitlock. here is what i believe. if jovan belcher didn't possess he begun today he and kasandra perkins would be alive.

megyn: lars let me start with you. i know around proud gun owner. >> bob costas based on the standards our society today and the standards our industry deserves to be fired for these remarks. he's don't equivalent that suggesting 300 million americans be stripped of a right so important that the founders of our country put it in the constitution. he's suggesting we would all be better off if we could take that rye away. only way to take it away from an otherwise law abiding man like belcher would be to deny that right to all law-abiding citizens. if he suggested stripping civil rights fromfully any other grimes large or small -- if you said black americans shouldn't be allowed to vote. you would be disciplined or

fired tomorrow or later on this afternoon. it's an outrageous thinger to him to do. he's wrong that guns don't enhance safety. fbi's estimate is 750,000 times a year, 2,000 times a day law abiding citizens pull out a pistol and stop themselves from becoming a victim of crime. costas doesn't know what he's talking about. he suggested stripping me and millions of americans of our civil rights. >> there are so many things wrong with what he just said. he shouldn't be fired for expression an opinion. the idea that we live in a society that we can't express an opinion because of people's sensibility. and i never heard a rant. i just heard a person giving his opinion which i think is acceptable. bob costas has been around a

long time. he's very respected. the idea that he would be fired over expressing an opinion over a tragedy is shocking. i'm not an anti-gun person. i group with guns. i group alaska. my taught for was a gun collector. i shotguns growing up. the idea that you want reasonable limitations and controls on guns is not taking away anybody's civil rights. and he's correct if a gun hadn't been involved, it's not right that he definitely would be alive, but the odds are higher he would be alive. megyn: i want to foul on that. you know the argument against that. we save the online where and trace mentioned it earlier. look at o.j. simpson. he went over there with a knife and murder his ex-wife and her friend. >> but specifically what they found is that you are five times

more likely to die if a gun is involved than if a knife is involved. so the fatality rate is different if a gun is involved. if you are sitting there and somebody walk up to you and they are going to attack would you prefer they have a knife or gun? megyn: i would prefer i had a gun. >> you are far more likely to die if a person has a gun. >> kirsten is wrong. she grew up in fairbanks. nobody would go outside the city limit and go on a walk on a trail without a pistol because of the natural threats there. in big cities where they ban gun ownership or reasonably restrict it. there are 20,000 you laws already. when you say you shouldn't be fired forecasting an opinion? ask don imus about that.

megyn: and hank williams. >> are we comparing wanting gun laws to saying racist things? megyn: controversial comments. >> there has to be an allowance for people to have opinions. megyn: hold that thought. we are going to take it back up on the other side of the break. thank you both. constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'.

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megyn: hank williams got fired by espn after he compared golfing with hitler. it was the point he was trying

to raise quoting this journalist. saying they exacerbate our flaws and escalate armed and bait us into embracing confrontation. >> the argument is fraud and so is kirsten's. guns do not encourage people to do anything. they are tools in the hands of people who act like criminals. in the hands of law-biding americans they are used hundreds of thousands of times per year per the fbi to safeguard people's safety. when she says bob costas just wants some laws, you already have 20,000 laws at the local state and federal level that are denied guns. they are denies to convicted criminals and people convicted of domestic violence. the only way to take a gun out of the hand of jovan belcher would be to deny it to every

law-abiding american. disparaging the gun culture of america. cop -- costas is saying ban they law with the government taking away that second amendment right. kirsten, your argument is flawed. megyn: there are reports that the medical examiner said he had no history of head injuries but friend are saying he had several head injuries and had on heavy meds and alcohol to deal with them. he was on some group that decried domestic violence. there is a question about what motivated this crime. a lot of folks are saying he's on drugs. he's -- medical drugs. he's taking too much alcohol and he's in an organization that is by it nature violent and led to head injury, so how do you blame

the gun? >> if you didn't have the gint would be far less likely there would be a fatality. i think it's what lars is doing is distorting what bob costas said. i think the idea that we don't have more of a gun culture than i had when growing up is ludicrous. why did he have a gun? think about that. if you are -- if it's only for responsible people, you are taking pain killers and drink and you have a gun. i think in that situation i would prefer he didn't have a gun. i don't think that's an outrageous thing to say. to compare that to saying racist thing to me just -- im -- you lost me. i don't fun why bob costas can't say this. megyn: not being a sports fan i didn't realize bob costas does

offer his opinion in these halftime moment. so it's not unusual for him to be opinionated. this is not something people don't have opinions on. >> here is the comparison. i can express an opinion. if megyn were to come out and say today black americans should not be able to vote she would be suggesting you take away a civil right under the constitution. megyn: that's not something being debated in the country. gun laws whether you are on the right or left, that's something we debate in this country. >> we also debate marriage for homosexuals which cost chick-fil-a dearly because people said their ownership did not have the right to have that opinion or express it through contributions to groups. this is absurd to suggest that you can take away the gun from

jovan belcher through any means other than denying it to all people. when he said why did he own one? i just suggested to you hundreds of thousands times a year american citizens protect themselves and the ultimate purpose for putting it in the constitution was founding fathers who believed some day you might have a tran cal government. i know people don't like that suggestion. but that was the reason they put it in there. >> i think we all agree it's the person responsible for this crime is jovan belcher. you can argue about what led to the moment. but -- >> one last thought. would an nfl player of 225 pound his size have ended the life of the mother of his child without a gun. i would asking you he could have done it without a gun. that's a sad statement.

i feel for kasandra perkins. she is the real victim. maybe if she owned a gun she would be alive today. megyn: we are taking your thoughts on it, by the way. it's an issue on which people feel so strongly. follow me on twitter @megynkelly. is the media playing favorite in the showdown over the looming fiscal cliff? after the break a look at why that debate i getting new attention. a stunning reversal of fortune. it made national news when police arrested a well-known woman from the world of tennis. she was about to be the ref at the u.s. open when she dragged her away. after they charged her with murdering her 80-year-old husband. a complete about-face. they set her free and dropped all charges, and yet the investigation continues. and they still suspect murder.

we'll look into this case as dr. michael baden may have saved this woman's freedom.

megyn: new questions about the fight over the fiscal cliff and whether some media outlets are playing favorites.

obama tries new negotiation tack. not giving in. the headline in the baltimore business journal screams obama's fiscal cliff offer spurned by republicans. obama takes hard line on debt. which might be news to some people in the parenthetical. tony is a political correspondent and mark hannah is a former aide to the john kerry and barack obama presidential campaigns. some of the media tries to short form the story and comes up with a headline that can be barbed easily. this is suggested by a cable anchor who suggested the media has been arrogant since barack obama won in covering him and in covering in particular this fiscal cliff. tony, your thoughts. >> it could only be an msnbc

anchor to take this long to figure out. there have been some media, the financial times which endorsed the president has called the president's bluff on this plan. they say this is the same proposal he put in front of congress that received zero votes a year ago, not even one democratic vote. but what the media has been doing is buying into this story line that president obama has some sort of mandate to do whatever he wants and that is truly false. obviously he has been given more time, but not to ram through an agenda that does not have some participation and cooperation from a house republican conference that was part of the same democratic election process as the path. they have been pushing for this idea that just because the president was reelected he should get what he wants. megyn: the description

discussing this segment talked about the newspaper headlines. last one read obama takes a hard line on debt. and the script read that might be news to some people. according to most who are fairly analyzing this. wanted to clarify that because the graphic suggested that was in the post piece which it wasn't. welcome to cable news. >> that was in the comic section. mark? >> i do think the president is taking a hard line on debt. by rolling back the bush era tax cuts, he's suggesting making the tax cuts permanent for 98% of americans, middle class americans. just rolling back the tax cuts for the wealthy he avoids having a trillion dollar added to the national debt. i'll take issue with something

tony said saying the president doesn't necessarily have a mandate. the american people voted. there was a contrast of ideas over what we do with our tax code and how we reform our tax code. and at the even of the date president got millions more in the popular vote than romney because americans think by and large their wealthier neighbors and wealthier americans should be paying a fairer share. it's not fair when you have the wealthiest among us paying a lower effective tax rate. megyn: is the media -- the media has been focused on the tax hikes and whether president obama is going to get them and not focused on spending cuts. is that because the republicans and the president agree the middle class needs those tax cuts and should get them.

the only thing they disagree on is whether the rich should also have tax cuts given to them. the left is say we agreet middle class should get the tax cuts. so let's give them to them. >> you are comment is largely right. the republicans have gone along in a bipartisan manner with the idea there has to be revenue. the speaker has put forward a framework in which he agrees there should be $800 billion of revenue on the table. the problem is -- that's only 1/10 of the problem even if you use the cbo's number. if you raise the taxes on the top 2% you get $90 billion with the most generous estimates of added revenue. the deficit is $1.9 trillion. megyn: mark, the point that i'm trying to get to, is there some

arrogance or bias, anything inappropriate about the media being oh focused on the tax debate as opposed to where are the spending cuts? >> i don't think so. this is because there hasn't been any serious proposal for spending cuts and it's true of the republicans as well. you don't see republicans coming out saying they want to cut spending on specific things. the president put forward a plan that included a few spending cuts. now it's the republicans' turn to show what they are willing to cut spending on. megyn: before i go, the president came out with a $400 billion in proposed spending cuts from his last budget. mitch mcconnell came out with spending cuts when it comes to medicare, maybe adjusting the cost of living for social security. but they are too timid because this is an issue on which people vote and no one wants to talk about it. am i wrong?

>> here is where you are slightly wrong. there is a framework. paul ryan put it forward. they ran against that budget. megyn: who is talking about the paul ryan plan right now? >> he's still chairman of the budget committee. megyn: who is going out there and saying paul ryan, that our proposal? >> you atbrea to cut taxes for 98% of income earners in this country. take that off the table -- megyn: giving mark the last word. got to go. sorry, that got annoying at the end. up next tennis ref who was

arrested for her husband's murder. she has been released after dr. baden gets involved in the case.

megyn: "kelly's court" is back in session. tennis referee low is goodman a free woman after prosecutors drop all the charges against her without prejudice which means they can refile, after she was accused of bludgeoning her 84-year-old husband with a coffee cup. now it turns out her husband may not have been murdered at all. dr. baden is being credited in part with turning this case around. what do you do? you have got a big case. i call you, and that what the defense did and say they believe it wasn't murder. they say the guy fell count stairs while he was drinking his

coffee. the police said no. the coroner found injuries on the guy's head that suggested he was bludgeoned. they said they had been arguing weeks before this alleged murder. and her alleged behavior was not that of someone who was innocent. that she went on and had her nails done. and the coroner found the injuries inconsistent with a fall. >> i say good to see you. that entirely consistent with a fall. he's an 80-year-old hypertensive, diabetic legally blind, home alone, walking around with coffee in this hand in a coffee cup. when people with intrinsic heart disease are arrhythmias they can collapse and they fall rfer they happen to be. this one was down a flight of stairs. the injuries to the head from

the shards of the broken coffee cup looked prominent to some of the people who observed the body. but you can't die from lacerations of the scalp. there are no big blood vessels in the head. there are little capillaries that just seal off by themselves. when the coroner's office and the police relooked at what they had initially said, they appreciated that there wasn't enough evidence to say if this was a homicide at all. this could have been due to other natural causes. megyn: the investigators say they still suspect murder. it sounds like they just don't believe they can prove murder. why was blood all over the house if this wasn't a murder? >> people bleed who have injuries from falling down. the fact that there is blood doesn't make it a murder. the fact that heed severe heart

disease shows there is a good reason for him to fall down. and there was no other injuries. there were no injuries to any other part of the body. there were no skull fractures. no brain damage. it was just a fall downstairs and falls in people who are blind downstairs can occur. megyn: i want 0 bring in our panel. lis weihl and mark eiglarsh. lis? >> i love dr. baden and think he's wonderful. i will say from a prosecutor's standpoint if you really leave you don't have the evidence what you do is you dismiss with prejudice. very clearly here they did not do that. they think there is something else they can find here megyn and we'll see going forward. megyn: the investigators are saying they still suspect murder. they say we have no other suspects in the case.

there was no forced entry. they were arguing for weeks ahead of time. they seem to be telling us we can't prove it was her but we still think it was her. >> it moms shocker. these are the same investigator hospital brought evidence so sufficient they thought to bring charges and october 3 they announce she's the one who committed first degree murder and they filed charges and 58 days later the charges are dropped. the investigators still think she might be guilty? megyn: that's extraordinary, isn't it? >> extremely. at one minute you are saying you are proof beyond a reasonable doubt. there is no reasonable hypothesis of innocence. megyn: as dr. baden points out. 80 years old with a heart arrhythmia who is legally blind. is that not plausible he fell count stairs?

>>it is plausible. that's why the prosecutors had it dismissed. dr. baden came in, gave this great analysis. a prosecutor's expert might be different. let's find out. megyn: stand by. but dr. baden goes into a lot oe and it doesn't make the prosecutors drop the charges. [ female announcer ] the humana walmart-preferred rx plan p-d-p gives you a low $18.50 monthly plan premium... and select generic hypertension drugs available for only a penny... so you can focus on what really matters. call humana at 1-800-808-4003.

megyn: you have law enforcement in california saying they suspect murder, but telling the "l.a. times" that some evidence might now suggest accident and the d.a. spokeswoman declined to elaborate on the new information. dr. baden, are you the new information? >> i'm not sure what the d.a.

says. i love lis but i must agree with mark's analysis. they were just about to celebrate 50 years of a very happy marriage. no arguments, no boyfriends. megyn: the reports of the arguments and fighting before he died are not true. megyn: married couples fight. >> also, the first officer at the scene, megyn was called -- he didn't feel there was anything suspicious. they released the body. they went to the house, talked to her. looked at the body. he thought it was an accidental fall. the body was we moved to a funeral home. and three days later at the crematorium the crematorium worker called the police and said there are all kind of injuries on the body and that what started this. megyn: the woman says to have

passed a private polygraph. do you believe they will refile this case? >> yes, absolutely. i do. the fact that they didn't just shut it down when dr. baden gave his wonderful testimony. >> i disagree. you can call him dr. baden. i call him reasonable doubt. when it comes to testifying in court. same type of scenario the prosecution called it homicide. he said no homicide it was built in reasonable doubt. megyn: why didn't they dismiss with prejudice. why didn't they just let it roll? >> if necessity had this information from dr. band, they couldn't go forward until they get new information. they bought themselves time to file a better case. megyn: if you have doubts about dr. baden you say he's a paid

expert. great job all after you, dr. band great to see you. we'll be right back. aspirin, really?

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